Financial hardship behind fresh bids for bail by two accused in AKA and Tibz deaths

Mziwethemba Gwabeni, one of the five men allegedly linked to the murders of rapper Kiernan “AKA” Forbes and his friend Tebello “Tibz” Motsoane in February 2023, says an elite school is taking action against him for failing to keep up with school fees.

This is contained in his affidavit read by advocate Simphiwe Mlotshwa at the Durban magistrate’s court in a fresh bid for bail.

“As result of my incarceration, St Benedicts School had written my family a letter for breach of contract if R100,000 was not paid by December 10,” wrote Gwabeni.

Gwabeni, 36, and Lindokuhle Ndimande, 29, made a fresh bid for bail in the Durban magistrate's court on Thursday.

The two, with Lindokuhle Thabani Mkhwanazi, 30, Lindani Zenzele Ndimande, 35, and Siyanda Eddie Myeza, 21, were arrested in February in connection with the murders outside Durban's Wish on Florida restaurant. They were all denied bail in May. 

Gwabeni said his other schoolgoing child's school fees fell into arrears at Grace Place School and as a result of his detention he is unable to earn a salary from his construction or mining businesses which has led to financial distress.

After the bail refusal his children and his junior wife — who is unemployed — had to undergo counselling. Another wife is a specialist doctor. 

Gwabeni said after they were refused bail the state told the court investigations were complete and there was now no fear of interference with state witnesses.

In November the state suffered a setback when magistrate Vincent Hlatshwayo refused to grant a further postponement to allow the extradition of two siblings from Eswatini who are also alleged to have been involved in the rapper's murder.

The two, Siyabonga Gezani Ndimande and Malusi Dave Ndimande, are appealing against an extradition ruling in Eswatini.

Hlatshwayo adjourned the matter to February 7.

Gwabeni said the extradition “intricacies and complexities” were further affecting their case. He said the state does not have strong evidence to support the charges against him.

Lindokuhle Ndimande said he was responsible for financially supporting his father's wives but this had been dealt a blow when his taxi was involved in an accident after his arrest.
He said his release on bail would allow him to raise funds to meet his obligations and legal fees.

Prosecutor Elvis Gcweka said the issue of the matter still being heard in the district court had been dealt with on November 29, which resulted in the case being adjourned to February 7 for the serving of the indictments.

“Both applications failed to prove there are exceptional circumstances justifying their release on bail,” said Gcweka.

It emerged during their previous bail applications that R800,000 was paid into Gwabeni's bank account a day after AKA and Tibz were murdered. Gwabeni then transferred R665,000 to the other accused and two brothers in Eswatini, but excluded Myeza.

The five also face charges of money laundering, conspiracy to commit murder, unlawful possession of a firearm, unlawful possession of ammunition and five counts of attempted murder.

The hearing is continuing.

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